Wood v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a. judgment in favor of defendant, entered upon a verdict. This action was brought by plaintiff, as assignee of Thomas C. Fields, to recover a balance alleged to be due and unpaid, upon the salary of said Fields as corporation attorney. Defendant pleaded, as a set-off, an indebtedness of said.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a. judgment in favor of defendant, entered upon a verdict. This action was brought by plaintiff, as assignee of Thomas C. Fields, to recover a balance alleged to be due and unpaid, upon the salary of said Fields as corporation attorney. Defendant pleaded, as a set-off, an indebtedness of said. Fields to the city for moneys alleged to have been unlawfully received by him belonging to the city, which moneys were-alleged to have been unlawfully paid over to him by the comptroller of the…
1Opinion of the CourtAndrews, J.
The principal questions in this case were determined in The People v. Fields (58 N. Y., 491).
The court decided in that case that the payment by the Comptroller, to Fields, made on the 30th day of June, 1870, was unauthorized and illegal, and that a right- of action accrued to the city against Fields, to recover back the money so paid to him.
The conclusion that the payment was illegal proceeded -upon a construction of the acts of 1869 and 1870, aided by a consideration of the relation of the suburban fire companies, so called, to the city, and the fact that the members liad no legal claim to…
2Cases cited2 opinions
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1874
- People of the State of N.Y. v. . FieldsNew York Court of Appeals · 1874
3Cited by9 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Gamble v. Clarendon CountySupreme Court of South Carolina · 1938
- Ott Hardware Co. v. DavisCalifornia Supreme Court · 1913
- City National Bank v. National Park BankNew York Supreme Court · 1884
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